Can you tell me if this is fallacy and what type of fallacy is it and explain it to me:" With me, abortion is not a problem of religion. It’s a problem of the Constitution. I
believe that until and unless someone can establish that the unborn child is not a living
human being, then that child is already protected by the Constitution, which guarantees
life, liberty, and the pursuit of happiness to all of us"

Question

Can you tell me if this is fallacy and what type of fallacy is it and explain it to me:" With me, abortion is not a problem of religion. It’s a problem of the Constitution. I 
believe that until and unless someone can establish that the unborn child is not a living 
human being, then that child is already protected by the Constitution, which guarantees 
life, liberty, and the pursuit of happiness to all of us"

Ask a Philosopher · Accepted Answer

Can you tell me if this is fallacy and what type of fallacy is it and explain it to me? Well, the statement itself appears to be logically sound, but I have to wonder whether or not the speaker is actually making a logical fallacy. It could be argued that the speaker is making a false dichotomy fallacy, as they are suggesting that the only two options are either that the unborn child is a living human being or it is not. However, this is not necessarily true. There could be other options regarding the status of the unborn child. Furthermore, it is possible that the speaker is making an appeal to emotion fallacy, as they are attempting to elicit an emotional response from the listener in order to support their point of view. Ultimately, it's up to the listener to decide if the statement is a fallacy or not. Nevertheless, it is clear that the speaker is attempting to make a point about the Constitution and how it should be interpreted in light of the abortion debate. That, I believe, is the main takeaway from this statement.”